Alan Shatter (Dublin South, Fine Gael)
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I move amendment No. 95:

In page 45, after line 48, but in Part 4, to insert the following new section:49.—(1) Where the Authority admits the complaint pursuant to section 48and the main substance of the complaint is that the standard of the legal services provided by the legal practitioner concerned to the client has fallen short of the standard reasonably expected of a legal practitioner in the provision of those services, but the Authority is of the opinion that the matter the subject of the complaint is capable of being resolved, the Authority may invite the client and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint.
(2) Where the client and the legal practitioner agree to make efforts to resolve the matter the subject of the complaint the Authority shall facilitate the resolution of the matters the subject of the complaint—

(a) by offering its assistance in resolving the matter, or
(b) by identifying other persons to the legal practitioner and the client who are willing to assist in resolving the matter,

in an informal manner, (which may include the referral of the dispute to mediation or other appropriate form of dispute resolution).
(3) Having facilitated the resolution of the complaint pursuant to subsection (2)and having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint, the Authority, where it considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached, may give notice in writing to the client and the legal practitioner (and where appropriate any other person involved in attempting to resolve the dispute) that it proposes to conclude the dispute resolution process in accordance with this section.
(4) The Authority shall not conclude the dispute resolution process under this section earlier than 30 days after the giving of notice under subsection (3).
(5) Where the Authority exercises its power to conclude the dispute resolution process under this section it shall thereafter invite the client and the legal practitioner to furnish to it, within such reasonable period as is specified by the Authority, a statement setting out their respective positions in relation to the matter the subject of the complaint.
(6) The Authority shall consider any statement furnished to it pursuant to subsection (5)and, where it considers that the legal services provided by the legal practitioner have fallen short of the standard reasonably expected of a legal practitioner in the provision of those services, and that it is, having regard to all the circumstances concerned, appropriate to do so, the Authority may direct the legal practitioner to do one or more of the following:

(a) secure the rectification, at his or her own expense or at the expense of his or her firm, of any error, omission or other deficiency arising in connection with the legal services concerned;
(b) take, at his or her own expense or at the expense of his or her firm, such other action as the Authority may specify;
(c) transfer any documents relating to the subject matter of the complaint to another legal practitioner nominated by the client, subject to such terms and conditions as the Authority may consider appropriate having regard to the existence of any right to possession or retention of any of the documents concerned vested in the legal practitioner to whom the direction is issued;
(d) pay to the client a sum not exceeding €3,000 as compensation for any financial or other loss suffered by the client in consequence of the legal services provided by the legal practitioner having fallen short of the standard reasonably expected of a legal practitioner in the provision of those services.

(7) Where the client or the legal practitioner is aggrieved by a direction made by the Authority under subsection (6)or its failure to make such a direction the person aggrieved may seek a review by a committee established for the purpose of considering reviews of decisions of the Authority under this section by notice in writing given not more than 30 days after the Authority has notified the parties to the complaint of its decision under subsection (6).
(8) Any payment made by a legal practitioner pursuant to a direction referred to in subsection (6)(d)shall be without prejudice to any legal right of the client.".